IF YOU INTEND TO APPEAR IN PERSON OR TELEPHONICALLY ON ANY CASE ON THIS CALENDAR, YOU MUST CALL TO INFORM THE COURT BEFORE 4:00 P.M. You must also give notice before 4:00 p.m. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

TO GIVE THE COURT NOTICE OF YOUR INTENT TO APPEAR, or if you have questions or problems relating to your case, please contact us via telephone.

Law and Motion Department Tentative Ruling Line: (650) 261-5019

Other Judges' tentatives: please reference the appropriate Case Number and Case Caption below and contact the appropriate department.

Telephonic Appearances (CourtCall): If an appearance is required or if a party has provided timely notice of intent to appear by 4:00 p.m. to the court and all parties, any party may appear telephonically through CourtCall. To do so, you must contact CourtCall at (888) 882-6878 no later than 4:30 p.m. on the court day prior to the hearing. Notifying CourtCall with your intent to appear is not an alternative to notifying the court. Please visit their website for more information. Please also see California Rule of Court No. 3.670.

In the
Superior Court of the State of California

In and for
the County of San Mateo

Law and Motion Calendar

Judge: Honorable jonathan
e. karesh

Department 20

400 County Center, Redwood City

Courtroom 8C

Tuesday, December 6, 2016

NOTICE TO ALL
COUNSEL

Until further order of the
Court, no endorsed-filed “courtesy copy” of pleadings is required to be
provided to the Law and Motion Department.

IF YOU INTEND TO APPEAR ON ANY
CASE ON THIS CALENDAR YOU MUST DO THE FOLLOWING:

1.YOU MUST CALL (650) 261-5019 BEFORE 4:00 P.M.
TO INFORM THE COURT OF YOUR INTENT TO APPEAR.

2.You must give notice before 4:00 P.M. to all
parties of your intent to appear pursuant to California Rules of Court
3.1308(a)(1).

Failure to do both items 1
and 2 will result in no oral presentation.

Notifying
CourtCall with your intent to appear is not an
alternative to notifying the court.

All Counsel are
reminded to comply with California Rule of Court 3.1110.The Court will expect all exhibits to be
tabbed accordingly.

CaseTitle / Nature of
Case

9:00

Line: 1

16-UDL-00159DEBORA A MCGLYNN vs. ANTHONY WILLIAMS, et
al.

DEBORA A.
MCGLYNNMICHAEL BITANDO

ALYCE DAVIS

MOTION BY PLAINTIFF FOR
MONEY JUDGMENT PURSUANT TO STIPULATION FOR ENTRY OF JUDGMENT

TENTATIVE RULING:

Plaintiff’s Motion for Money Judgment Pursuant to
Stipulation for Entry of Judgment is GRANTED. Plaintiff Debora A. McGlynn shall have judgment against Defendants Anthony
Williams and Alyce Davis in the amount of $7,115.74
(rental damages), plus $2,116.00 (attorney’s fees), plus $365.45 (costs), for a
total of $9,597.19.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s
signature, consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted directly
to Judge Jonathan E. Karesh, Department 20.

9:00

Line: 2

CIV525919CHARLES TANIGUCHI, ET AL. VS. RESTORATION
HOMES LLC

CHARLES
TANIGUCHIEUNJI CHO

SN
SERVICING CORPORATIONJEFFREY
B. GARDNER

MOTION for SUMMARY
ADJUDICATION OF ISSUES

TENTATIVE
RULING:

Off calendar on the Court’s own
motion.The Plaintiff’s Motion to Amend (currently
set for December 7, 2016) needs to be decided first.After the Motion to Amend is decided the
Motion for Summary Adjudication will be put back on the calendar at a date
convenient to the Court and counsel.

However, Defendant’s
alternative Motion to Compel Further Responses to the Request for Admissions is
GRANTED.Plaintiff CLARITA ESTEBAN is
ordered to serve full and complete, properly verified
responses, without objections, within ten days of service of the notice of
entry of order.

It appears that Plaintiff’s
daughter, Editha Abugnag, holds a valid power of attorney for Plaintiff that
bears her notarized signature.(Decl.
Abugnag, Exhibit A.)However, if Ms.
Abugnag is verifying Plaintiff’s discovery responses in that capacity, her
signature block should so state.Ms.
Abugnag’s current attempt to supplement Plaintiff’s discovery responses by way
of declarations is insufficient; proper complete supplemental responses must be
served.

Defendant’s request for
monetary sanctions against Plaintiff and her counsel in the amount of $656.25
is GRANTED.This amount, along with the
$860.00 in prior sanctions that have not yet been paid by Plaintiff, must be
paid no later than ten days after service of the notice of entry of order.

Should Plaintiff continue to
fail to comply with the Court’s orders, Defendant may bring a renewed motion
for terminating sanctions.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s
signature, consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

4. MOTION TERMINATING SANCTIONS,
ISSUE SANCTIONS AND OR TO COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE

TENTATIVE RULING:

Defendant J.P. MORGAN CHASE
BANK, N.A.’s Motion for Terminating Sanctions with respect to the Request for
Production of Documents (Set One) is DENIED.

Defendant J.P. MORGAN CHASE
BANK, N.A.’s Motion for Issue Sanctions with respect to the Request for
Production of Documents (Set One) is DENIED.

However, Defendant’s
alternative Motion to Compel Further Responses to the Request for Production of
Documents is GRANTED.Plaintiff CLARITA
ESTEBAN is ordered to serve full and complete,
properly verified responses, without objections, within ten days of service of
the notice of entry of order.

It appears that Plaintiff’s
daughter, Editha Abugnag, holds a valid power of attorney for Plaintiff that
bears her notarized signature.(Decl.
Abugnag, Exhibit A.)However, if Ms. Abugnag
is verifying Plaintiff’s discovery responses in that capacity, her signature
block should so state.Ms. Abugnag’s
current attempt to supplement Plaintiff’s discovery responses by way of
declarations is insufficient; proper complete supplemental responses must be
served.

Plaintiff may not withhold
documents on the basis of attorney-client privilege or the attorney work
product doctrine.All such objections
were waived by Plaintiff’s failure to respond to this discovery in a timely
manner.Code Civ. Proc. Sec. 2031.300(a).

Defendant’s request for
monetary sanctions against Plaintiff and her counsel in the amount of $656.25
is GRANTED.This amount, along with the
$860.00 in prior sanctions that have not yet been paid by Plaintiff, must be
paid no later than ten days after service of the notice of entry of order.

Should Plaintiff continue to
fail to comply with the Court’s orders, Defendant may bring a renewed motion
for terminating sanctions.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s
signature, consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

5. MOTION TERMINATING SANCTIONS,
ISSUE SANCTIONS AND OR TO COMPEL FURTHER ANSWERS TO FORM INTERROGATORIES, SET
ONE

However, Defendant’s
alternative Motion to Compel Further Responses to the Form Interrogatories is
GRANTED.Plaintiff CLARITA ESTEBAN is
ordered to serve full and complete, properly verified
responses, without objections, within ten days of service of the notice of entry
of order.

It appears that Plaintiff’s
daughter, Editha Abugnag, holds a valid power of attorney for Plaintiff that
bears her notarized signature.(Decl.
Abugnag, Exhibit A.)However, if Ms.
Abugnag is verifying Plaintiff’s discovery responses in that capacity, her
signature block should so state.Ms.
Abugnag’s current attempt to supplement Plaintiff’s discovery responses by way
of declarations is insufficient; proper complete supplemental responses must be
served.

Defendant’s request for monetary
sanctions against Plaintiff and her counsel in the amount of $656.25 is
GRANTED.This amount, along with the
$860.00 in prior sanctions that have not yet been paid by Plaintiff, must be
paid no later than ten days after service of the notice of entry of order.

Should Plaintiff continue to
fail to comply with the Court’s orders, Defendant may bring a renewed motion
for terminating sanctions.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s signature,
consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

6. MOTION TERMINATING SANCTIONS,
ISSUE SANCTIONS AND OR TO COMPEL FURTHER ANSWERS TO SPECIAL INTERROGATORIES,
SET ONE

However, Defendant’s
alternative Motion to Compel Further Responses to the Special Interrogatories
is GRANTED.Plaintiff CLARITA ESTEBAN is
ordered to serve full and complete, properly verified
responses, without objections, within ten days of service of the notice of
entry of order.

It appears that Plaintiff’s
daughter, Editha Abugnag, holds a valid power of attorney for Plaintiff that
bears her notarized signature.(Decl.
Abugnag, Exhibit A.)However, if Ms.
Abugnag is verifying Plaintiff’s discovery responses in that capacity, her
signature block should so state.Ms.
Abugnag’s current attempt to supplement Plaintiff’s discovery responses by way
of declarations is insufficient; proper complete supplemental responses must be
served.

Defendant’s request for
monetary sanctions against Plaintiff and her counsel in the amount of $656.25
is GRANTED.This amount, along with the
$860.00 in prior sanctions that have not yet been paid by Plaintiff, must be paid
no later than ten days after service of the notice of entry of order.

Should Plaintiff continue to
fail to comply with the Court’s orders, Defendant may bring a renewed motion
for terminating sanctions.

If the
tentative ruling is uncontested, it shall become the order of the Court, pursuant
to CRC Rule 3.1308(a)(1), adopted by Local Rule
3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s signature,
consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

9:00

Line: 7

CIV535322FERNANDO HERISQUIO, ET AL. VS. MICHELLE MARILYN

VINNICOMEBE

FERNANDO
HESIQUIOJUAN M. SIMON

MICHELLE
MARILYN VINNICOMEBEKATHRYN M. CARROLL

MOTION TO COMPEL

TENTATIVE RULING:

Off calendar at the request of the
moving party.

9:00

LineS: 8 -
11

CIV535914SHANE J. TUSCH, ET AL. VS. BANK OF NEW YORK MELLON,
ET AL.

ELIZABETH SCHUMANN-TUSCHMANDIP
S. PUREWAL

BANK OF NEW
YORK MELLON

8. MOTION
TO COMPEL RESPONSES TO NATIONSTAR'S FIRST SET OF: FORM INTERROGATORIES; SPECIAL
INTERROGATORIES; AND REQUEST FOR PRODUCTION AGAINST PLAINTIFF SHANE J. TUSCH

Defendant Nationstar Mortgage’s
unopposed Request for Sanctions is GRANTED pursuant to CCP §§2023.010(d); 2030.290(c) and 2031.300(c) in the amount of $330.00.

Plaintiff
Shane Tusch shall provide verified responses without objection to Defendant Nationstar Mortgage’s Form Interrogatories [Set 1], Special Interrogatories [Set 1] and the
Request for Production of Documents [Set One] within 15 days of service of the
Notice of Entry of Order. Plaintiff Shane Tusch shall pay monetary sanctions to
defendant Nationstar Mortgage in the amount of $330 within 15 days of service
of the Notice of Entry of Order.

If the tentative
ruling is uncontested, it shall become the order of the Court, pursuant to CRC
Rule 3.1308(a)(1), adopted by Local Rule 3.10.If the tentative ruling is uncontested,
prevailing party is directed to prepare, circulate, and submit a written order reflecting
this Court’s ruling verbatim for the Court’s signature, consistent with the
requirements of CRC Rule 3.1312.The
proposed order is to be submitted directly to Judge Jonathan E. Karesh,
Department 20.

9. MOTION TO COMPEL RESPONSES TO ITS
FIRST SET OF: FORM INTERROGATORIES; SPECIAL INTERROGATORIES AND REQUESTS FOR
PRODUCTION AND FOR PRODUCTION AGAINST PLAINTIFF SHANE J. TUSCH

TENTATIVE RULING:

Defendant
Bank of New York Mellon’s unopposed Motion to Compel plaintiff Shane Tusch to
Provide Responses to Form Interrogatories [Set 1], and Special Interrogatories
[Set 1] is GRANTED pursuant to CCP §2030.290.

Defendant
Bank of New York Mellon’s unopposed Motion to Compel plaintiff Shane Tusch to
provide Responsesto Request for
Production of Documents [Set 1], is GRANTED pursuant to CCP §2031.260.

Defendant Bank of New York
Mellon’s unopposed Request for Sanctions is GRANTED pursuant to CCP §§2023.010(d); 2030.290(c) and
2031.300(c) in the amount of $330.00.

Plaintiff
Shane Tusch shall provide verified responses without objection to Defendant Bank
of New York Mellon’s Form Interrogatories [Set 1], Special Interrogatories [Set
1] and the Request for Production of Documents [Set One] within 15 days of
service of the Notice of Entry of Order. Plaintiff Shane Tusch shall pay
monetary sanctions to defendant Bank of New York Mellon in the amount of $330
within 15 days of service of the Notice of Entry of Order.

If the
tentative ruling is uncontested, it shall become the order of the Court, pursuant
to CRC Rule 3.1308(a)(1), adopted by Local Rule
3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s signature,
consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

10. MOTION TO COMPEL RESPONSES TO
ITS FIRST SET OF FORM INTERROGATORIES; SPECIAL INTERROGATORIES AND REQUESTS FOR
PRODUCTION AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF ELIZABETH
SCHUMANN-TUSCH

Defendant Nationstar Mortgage’s unopposed
Request for Sanctions is GRANTED pursuant to CCP §§2023.010(d); 2030.290(c) and
2031.300(c) in the amount of $330.00.

Plaintiff Elizabeth Schumann-Tusch shall provide
verified responses without objection to Defendant Nationstar Mortgage’s Form
Interrogatories [Set 1], Special Interrogatories [Set 1] and the Request for
Production of Documents [Set One] within 15 days of service of the Notice of
Entry of Order. Plaintiff Elizabeth Schumann-Tusch shall pay monetary sanctions
to defendant Nationstar Mortgage in the amount of $330 within 15 days of
service of the Notice of Entry of Order.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s signature,
consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

11. MOTION TO COMPEL RESPONSES TO
NATIONSTAR'S FIRST SET OF: FORM INTERROGATORIES; SPECIAL INTERROGATORIES; AND
REQUEST FOR PRODUCTION AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF ELIZABETH
SCHUMANN-TUSCH

TENTATIVE RULING:

Defendant
Bank of New York Mellon’s unopposed Motion to Compel plaintiff Elizabeth
Schumann-Tusch to Provide Responses to Form Interrogatories [Set 1], and Special
Interrogatories [Set 1] is GRANTED pursuant to CCP §2030.290.

Defendant
Bank of New York Mellon’s unopposed Motion to Compel plaintiff Elizabeth
Schumann-Tusch to provide Responsesto
Request for Production of Documents [Set 1], is GRANTED
pursuant to CCP §2031.260.

Defendant Bank of New York
Mellon’s unopposed Request for Sanctions is GRANTED pursuant to CCP §§2023.010(d); 2030.290(c) and
2031.300(c) in the amount of $330.00.

Plaintiff
Elizabeth Schumann-Tusch shall provide verified responses without objection to Defendant
Bank of New York Mellon’s Form Interrogatories [Set 1], Special Interrogatories
[Set 1] and the Request for Production of Documents [Set One] within 15 days of
service of the Notice of Entry of Order. Plaintiff Elizabeth Schumann-Tusch
shall pay monetary sanctions to defendant Bank of New York Mellon in the amount
of $330 within 15 days of service of the Notice of Entry of Order.

If the
tentative ruling is uncontested, it shall become the order of the Court,
pursuant to CRC Rule 3.1308(a)(1), adopted by Local
Rule 3.10.If the tentative ruling is
uncontested, prevailing party is directed to prepare, circulate, and submit a
written order reflecting this Court’s ruling verbatim for the Court’s signature,
consistent with the requirements of CRC Rule 3.1312.The proposed order is to be submitted
directly to Judge Jonathan E. Karesh, Department 20.

9:00

Line: 12

CIV536707HELEN MARK, ET AL. VS. KRISTOPHER
CALDWELL, ET AL.

HELEN MARKNATHANIEL M. LEEDS

KRISTOPHER
CHARLES CALDWELLCHRISTOPHER W. RIVERA

MOTION FOR
FINANCIAL DISCOVERY PURSUANT TO CIVIL CODE SECTION 3295(c)

TENTATIVE RULING:

Plaintiffs’
motion to conduct pretrial financial discovery of defendant Kristopher Caldwell
is GRANTED.Plaintiffs have provided evidence
demonstrating a substantial probability they will prevail on their claim for
punitive damages under Civ. Code Sect. 3294. Civ. Code Sect. 3295(c).Without addressing the merits of Defendant’s
Fifth Amendment argument, the Court orders that Plaintiffs shall wait to
conduct the requested financial discovery until after Defendant is sentenced in
the criminal case.The sentencing should
render Defendant’s objections moot.The
asset declaration Defendant previously provided does not preclude Plaintiffs
from conducting further discovery on this issue.The Court notes that Defendant’s opposition
refers generally to a discovery stay pending “resolution” of the criminal
case.The Court declines to address this
issue as no party has filed a motion to stay.

If the tentative ruling is
uncontested, it shall become the order of the Court, pursuant to Rule
3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal
order pursuant to Rule 3.1312 or any other notice is required as the tentative
ruling affords sufficient notice to the parties.

9:00

Line: 13

CIV537136JENNIFER
ZUCCA VS. GENERAL MOTORS LLC

JENNIFER
ZUCCASTEVE MIKHOV

GENERAL
MOTORS LLC AMY L.
SJOLANDER

MOTION FOR
PROTECTIVE ORDER

TENTATIVE RULING:

Off calendar at the request of the
moving party.

In the
Superior Court of the State of California

In and for
the County of San Mateo

Presiding Judge Law and Motion Calendar

Judge: HONORABLE JOHN L. GRANDSAERT

Department 11

400 County Center, Redwood City

Courtroom 2D

Tuesday, December 6, 2016

If you plan to appear on any case on this calendar,

you must
call (650) 261-5111 before 4:00 p.m. and you must give notice also before
4:00 p.m. to all parties of your intent to appear pursuant to California Rules of
Court 3.1308(a)(1).

CaseTitle / Nature of Case

9:00

Line: 1

16-CIV-00268DONALD JOSEPH KENNEDY vs. MUATH
"MATT" ZGHOUL, et al.

DONALD
JOSEPH KENNEDYCARY KLETTER

MUATH "MATT" ZGHOULEDAWRD C. SINGER, JR.

MOTION for TRIAL
PREFERENCE

TENTATIVE
RULING:

The Motion for Preference is DENIED.The Court nevertheless intends to set a jury
trial within 120 days.The parties
should meet and confer and appear tomorrow with an agreed trial date within 120
days.